Bad Check Procedures

1.Always make sure that the
check being presented contains the following information:

A.Date of Birth

B.Driver’s License Number

C.Complete Physical Address (A
PO Box is not a complete address)

D.The store clerk/cashier must
initial the check

2.Always verify that the photo
on the driver’s license matches the identity of the person
presenting the check and verify that the address is current.

Please note: The Mitchell
County Attorney’s Office and The Osage City Attorney and The Osage
Police Department will not accept bad checks for prosecution without
the date of birth, driver’s license number and complete physical
address of the person presenting the check. Additionally, the check
must be initialed by the store clerk/cashier who can identify the
individual who presented the check.

Checks Returned As
“Non-Sufficient Funds”:

1.A “Ten Day Check Notice” is
a document which informs the individual that the check amount must
be paid within ten (10) days and also explains the penalties of the
crime. When a check is returned as “Non-Sufficient Funds” a “Ten Day
Check Notice” must be filled out and should include the amounts of
any check fee charges, certified mail charges, or Sheriff’s service
fees. The “Ten Day Check Notice” must be sent to the individual by
certified mail (return receipt), or served upon the individual by
the Sheriff of the County and State of which the person resides.
Retain a copy of the “Ten Day Check Notice”.

2.If full payment is not
received within ten (10) days from date of service, please contact
the Osage Police Department and provide us with the original check,
along with all accompanying documentation including the
Bad Check
Referral Sheet. Please DO NOT delay this
procedure.

Checks Returned as “Account
Closed or No Account”

1.You are not required to send
a “Ten Day Check Notice” on checks returned as “Account Closed” or
“No Account”, however, please note the following:

A.The check must be stamped by
the bank as “Account Closed” or “No Account” prior to the check
being turned over to The Osage Police Department.

Include
the Bad Check Referral Sheet.

B.On “Account Closed” checks,
we encourage you to contact the individual’s bank to inquire as to
who closed the account and the date the account was closed. If the
account was closed by the bank, please ask if the account holder was
given notice of their account being closed.

Suspected Check Forgeries:

1.Contact the Osage Police
Department to report any suspected check forgery. You would be
required to provide law enforcement with the original check and any
other documentation pertaining to the suspected check forgery.

Filing of Complaint and
Affidavit:

1.Once a check is turned over
to the Osage Police Department a Complaint and Affidavit will be
filed, accusing the individual of the crime of Theft.

2.If the Magistrate Judge
finds probable cause on the Complaint and Affidavit, she will issue
a summons for the individual to appear in court, or will issue an
arrest warrant.

PLEASE
NOTE: Once a Complaint and Affidavit has been filed with the court,
you can no longer accept payment from the individual. Payment can
only be made through the Clerk of Court because of applicable court
costs, which could include fines, surcharges and restitution.